The principle in punishments

Does punishment include just beating or it includes other kinds of punishment? Many scholars believe that the principle of punishment is whip and other punishments are immoral, unless their consequences are the same. In addition, we should not move beyond the same cases whose punishment has been prescribed in narratives, so other punishments are like prison and financial sanctions against the principle that have been determined in the act of legislators and Islam and in other cases penalties cannot be imposed.
Some scholars, particularly recent scholars believe that in punishment, the principle is not the whip and that is not exclusive, but in terms of time and place, and the ruling discretion and Islamic rule, with the match between the types of crime and punishment, the legislator can determine another punishment and the reason the whip is mentioned in most cases, is in terms of tradition in the time of legislator.
There is no doubt that in the traditions the one who has committed the sin deserves punishments such as pretending to break his fast, masturbation, sex with the animals, testimony to lie, but many scholars urged the implementation of punishment to anyone who has abandoned a religious obligation and has committed a haram. Sheikh Toosi writes:
"Everyone performs a sin, for which no punishment is determined, will be punished by the Islamic leader."
Mohaghegh Helli writes in his book:
‘’everyone who performs a haram action or abandons an obligation, Imam can punish him less than principle, and its size is determined by Imam.
Many previous scholars have also accepted the ruling and the verdict in the same order, another scholar has also said:
‘Everyone who performs a haram action that has no nemesis or Atonement, he must be punished with a restrictive punishment.
3-3. the reasons of the principle of ‘punishment for all haram acts’
Scholars included in their fatwa some sanction punishment for any crime, now we mention some of these reasons:
1 - 3 - 3. Many scholars have mentioned reasons by citing some narratives that say:
“Allah has forged restrictions for all objects and everyone who oppress these restrictions will be punished."
This tradition includes five hadiths, and they are based on the fact that since for all the sins, God has not determined the punishment of beating with whit, so we are forced to consider beating with whit as other kinds of punishment."
Hadith 1: the holy prophet of Islam has said: “Allah has forged restrictions for all objects and everyone who oppress these restrictions will be punished."
In the second hadith, the same expressions of the first hadith has been narrated by holy Prophet of Islam (peace be upon him).
Third hadith:
‘O, Amr o ibn e Qais! Do you know that God has sent a prophet and has sent him a book, and described all required issues in this book, and He has also determined a reason for this holy Book, which guides to it and God has also determined an extent for anything and He has determined some punishments for anyone, who exceeds the extent; as far as the narrator says ‘I asked’: How is this extent and punishment? Imam (peace be upon him) said: God has determined a limitation in property, the extent to which one could only earn money through halal business; So if anyone earns money through non - halal way, for the sake of oppression his hand should be cut, and God has determined a restriction in marriage that should not be carried out except the halal lawful way and everyone, who gets marry except this way, will be beaten with whit.
But, in addition to this punishment, it
seems that reasoning to hadith is quite clear implication and the word "punishment" has no ambiguity (especially with an explanation for the narrative of Amr o ibn e Qais), but we cannot prove the necessity of punishment for any crime and the most important reason proved in this context is the behavior and action of holy prophet of Islam (peace be upon him), who has not punished all those guilty people but in many cases to witness of history, he has only preached and guided them and in some cases, he has advised the guilty people with a certain tenderness and kindness and therefor avoided them from sin.
2 - 3 - 3. One of the narrative reasons is the hadith of Imam Kazem (peace be upon him):
‘Those who perform mortal sins and have been retaliated for two times, they will be killed in the third time.’
explaining the argument is that according to Imam Kazem (peace be upon him), all mortal sins have punishment and since all mortal sins don’t have punishments, it becomes clear that the purpose of punishment in the words of Imam (peace be upon him) is both kinds of punishment and restriction and as a result for mortal sins in Sharia, there must be determined punishments.
3-3-3. some tried to allow the punishment for all mortal sins.
4 - 3 - 3. In the stories of different juridical fields, it is used that Amir al Mo̓emenin Ali peace be upon him has punished the criminals in various incidents; and it is a clear cause on the continuation of punishment in cases of committing a sin.
It seems that these two last cases show that Islamic ruling can impose penalties in cases of crimes and violations of religious and moral orders, and he may apply rules for the society and prevent the development and dissemination and enforcing the wastes and sins, of course, as it will be mentioned in continue, the element of interest has an important role in issuing governance decrees.
It appears to be more diversity in cases of punishment by Ameer Mo̓emenin Ali (peace be upon him) and on the other hand, because the punishment can be harsh or weak as well as the guilt and it can be applied to various forms of repealing feature, the abolishment of characteristic is possible.
However, in the absence of twelfth Imam, the caution is that in addition to the implementation of determined punishments for different cases, other cases that spread sin, and it somehow makes the dispersion of corruption or promote innovations in religion or prejudice to the basis of religion, and like it, but we should also neglect suspicious cases.
5 - 3 - 3. another reason that some scholars argue it, is composed of wisdom and reason that: there can be no doubt that Islam cares to maintain the material and moral system and the implementation of religious decrees and to achieve this objective, it requires that the ruling has power and authority for any crime and he can punish the perpetrators of the crime. This reason is also protested by Ayatollah Sayed Ahmed Khansari:
"The only way to maintain Islam is not the implementation of the punishment for any sin and crime, but the holy legislator has determined other ways for this purpose, such as inviting to good and avoiding the evil and wisdom does not accept the punishment as the only way."
In explaining this problem, we add: it is certain that the Holy legislator cares to maintain the social security system and the prohibition of conflict and loggerheads and shedding the blood of the innocent people’s reputation and he has great contribution to the realization of this task, which is only realized with the implementation of the punishment in the context of crimes that endangers public interests and social security. Then we prove the legitimacy of the punishment for those who want to act against the public interests and social security because certainly, maintaining the social system and preventing the loggerheads and supporting the oppressed and social justice is so important that the punishment for such sins is obliged.
A glimpse to the execution of punishment in traditions shows that crimes such as rape, assault to girls, practicing immorality, persecution of others and destroying financial rights shows the importance of the implementation of such punishments, including assault with the whip, imprisonment, exile, and the like. Without doubt the ruler of government and society should be powerful for the growth of people, and the ruling should be able to appoint conventional laws and decrees for the reunification of his government than some of the requirements are established, the ratio of Sharia is allowed to establish requirements, of course, provided that the refusal of it is considered a sort of social damage and dissemination of corruption and opposed to the public interests, and so we can determine the amount of this legitimacy in the absence of twelfth Imam.
Hence one of contemporary scholars suggests that:
“in total, with a view to verses of holy Koran and Hadith and life of Prophet and Ameer al Mo̓emenin (peace be upon them) and the fatwas of scholars, we can certainly allow the punishment of criminals in some cases, such as what harm people and disrupt the system and violating the honors and cause corruption and declining security affairs and the people's trust to each other.
We should not neglect that the implementation of punishment is one of the duties of sharia ruling and it is related to the authority of the government, and one of the main tasks of government is to keep social security system, even those people who have not accepted the leader of Islamic society as the person who has absolute domination on people, but they have accepted that it is necessary to maintain order and defend Islam, ranging from the implementation of sharia policies and punishments up to the rights of the oppressed and ruthless expulsion snubbing by the economic and political enemies.